Customer Terms and Conditions

 

Customer Terms and Conditions

  1. INTERPRETATION

In these Conditions:

Agreement is an agreement between you and Butler & Bentley to supply goods, and consists of the Order and these Conditions.

Conditions are these conditions, and any additions or variations;

Delivery Address is the address where the goods are to be delivered as stated on the Order;

Goods are items in an order, and include packaging;

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;

Order is an order by you to purchase goods from Butler & Bentley;

Product List is the list of goods displayed on the Butler & Bentley website; and

Delivery Fee is the fee payable to Butler & Bentley for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.

  1. THE AGREEMENT

An agreement exists once Butler & Bentley accepts an Order from you which occurs when your order and payment is processed.

  1. CUSTOMER APPLICATION

Accurate information: Information provided by you in your application must be accurate and complete. You must inform Butler & Bentley if there’s a change to your details.

Delivery area: Orders for delivery to addresses that are not in the Butler & Bentley delivery area can’t be processed. We’ll let you know if your Delivery Address ceases to be in an area where Butler & Bentley delivers Goods.

Date of birth: If a date of birth is required by relevant state or territory liquor licensing laws for orders that contain alcohol and tobacco products, you’re required to provide this information at the time of registration or order.

Business Customers: Customers wishing to set up a business account can email customercare@butleranbentley.com.au. Business customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account.

  1. ORDERS, DELIVERY AND COLLECTION OF GOODS

Late cancellation fee: If you cancel an Order after the order cut off time, Butler & Bentley may charge you and you must pay a late cancellation fee.

Delivery: Butler & Bentley will deliver the Goods to you at the Delivery Address within the time agreed with you. Butler & Bentley won’t commit to delivery beyond the front door of your home or office building. ‘Front door’ means the front door or a point beyond which entry into the interior of the building occurs. If you request Butler & Bentley to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Butler & Bentley (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by Butler & Bentley to be authorised to receive the Goods. If the Order contains alcohol or tobacco products, Butler & Bentley may request evidence that they are 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, Butler & Bentley may refuse to deliver the Goods. Butler & Bentley may refuse to provide liquor to a person who is intoxicated or disorderly.

Additional delivery fee: If there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address. We’ll endeavour to contact you and may charge an additional delivery fee for the cost of the order. A cancellation fee may also apply.

Provision of liquor and similar products: If the Order includes liquor or other products where there’s a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or are intoxicated or disorderly.

Minimum order value: Butler & Bentley sets from time to time a minimum order value. The minimum order value excludes the Delivery Fee. Butler & Bentley may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige Butler & Bentley to accept an order which is below the minimum order value at any other time.

  1. RISK AND TITLE IN THE GOODS

Risk and title in the Goods including liquor, passes to you upon delivery or collection and payment for the Goods, at the Delivery Address.

CREDITS AND REFUNDS

  1. You can make a claim for a refund or credit if:
  2. you believe that Goods we charged you for were not provided; or
  3. there is a fault or defect with the Goods you have purchased.
  4. Email customercare@butlerandbentley.com.au to lodge your claim. We’ll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
  5. Butler & Bentley won’t pick up any Goods that you don’t accept and that you have not returned with the driver. However we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.
  6. Credit for the value of any Goods that are validly sent back with the driver or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Butler & Bentley credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing customercare@butlerandbentley.com.au.
  7. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

  1. PRICE OF GOODS AND PAYMENT
  2. Delivery Fee: If required by Butler & Bentley, you must pay the Delivery for each Order to Butler & Bentley.
  3. Additional fees: If charged by Butler & Bentley in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.
  4. Card fees: If charged by Butler & Bentley, you must pay eftpos, or credit or debit card processing fee.
  5. Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except:
  6. If a Good is out of stock, in which case you won’t be charged for that Good;
  7. If you have ordered a Good that is priced per kilo, in which case you’ll pay the lower of the per-kilo price at the time you placed your Order and at the time your Order is processed.
  8. If you modify your Order, in which case all prices will update to the then-current prices.
  9. Pricing Errors: Butler & Bentley reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. Butler & Bentley will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
  10. Tax invoice: Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
  11. Method of payment: At the time you place the Order, you’ll be required to select your payment method being online payment by credit card, or customer account for approved business customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
  12. See more details about payment methods.
  13. PROMO CODES

We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.

  1. SET-OFF

If you owe money to Butler & Bentley under one Agreement, Butler & Bentley may set-off that money against any money that Butler & Bentley owes to you under another Agreement. If Butler & Bentley owes money to you under one Agreement, Butler & Bentley may set-off that money against any money that you owe it under another Agreement.

  1. OUT OF STOCKS

Butler & Bentley doesn’t provide rainchecks on Goods ordered by you. Butler & Bentley will try to ensure that all Goods you order are supplied. Butler & Bentley can limit sales to reasonable or normal household quantities.

PACKAGING AND LABELLING OF GOODS

Butler & Bentley aims to provide up-to-date pictures and details of the Goods on our site. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Butler & Bentley does not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before consuming Goods.

  1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Butler & Bentley or its related corporations own or are licensed to use all Intellectual Property Rights in Butler & Bentley, including any images, photographs or text that appears on the Butler & Bentley web site. You must not make any representation to the contrary and you must not use or copy Butler & Bentley in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Butler & Bentley web site are owned by or licensed to Butler & Bentley or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

  1. LIABILITY
  2. 13.1 Butler & Bentley will use reasonable care and skill in providing the Butler & Bentley website for your use.
  3. 13.2 We are responsible for loss suffered by you as a result of:
  4. our negligence if it causes personal injury or death; or
  5. a serious breach of this Agreement by us,
  6. if that loss was reasonably foreseeable at the time.
  7. 13.3 Subject to clause 13.2 and to the extent permitted by law, you release and discharge Butler & Bentley and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Butler & Bentley or this Agreement (including the installation, downloading, use or performance of any software related to the Butler & Bentley website).
  8. 13.4 Provided that it’s fair and reasonable to do so, any liability by Butler & Bentley resulting from a breach of warranty (express or implied) will be limited as follows:
  9. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods.
  10. If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
  11. These limitations don’t apply to any condition or warranty implied by legislation that does not permit Butler & Bentley liability to be limited.

 

 

  1. USE OF THE WEBSITE

You may only use the Website for personal purposes unless Butler & Bentley provides express written consent to the contrary. Your use of the website is governed by the terms of use for  Butler & Bentley websites which can be viewed here.

  1. THIRD PARTY WEBSITES

This website contains links to websites controlled by third parties (third party websites). Butler & Bentley isn’t responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.

Butler & Bentley makes no representations that third party websites do not infringe anyone’s intellectual property rights.

  1. USERNAME AND PASSWORD

You are responsible for the safekeeping of your user name and password, and you’re liable if your account is misused by an unauthorised person.

  1. NOTIFICATION OF CHANGES

Butler & Bentley may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 20. Your use of Butler & Bentley after notice will constitute your deemed acceptance of such changes.

  1. PRIVACY AND SECURITY

For details on Butler & Bentley commitment to your privacy, please refer to our Privacy Policy.

  1. TERMINATION

Butler & Bentley may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 20) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Butler & Bentley may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at Butler & Bentley at any time.

  1. NOTICES

Butler & Bentley may give notice to you by email, conventional mail or notice on the Butler & Bentley site. You may give notice to Butler & Bentley by email to customercare@butlerandbentley.com.au

  1. SEVERABILITY

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

  1. LAWS

The laws of New South Wales govern this Agreement.